Common use of DISPUTE AND GRIEVANCE RESOLUTION PROCEDURE Clause in Contracts

DISPUTE AND GRIEVANCE RESOLUTION PROCEDURE. 26.1 If a dispute relates to: (a) a matter arising under the agreement; or (b) the employment relationship, or (c) the National Employment Standards; this term sets out procedures to settle the dispute. 26.2 any person covered by this Agreement may appoint a representative of their choice for the purposes of the procedures in this term. 26.3 In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee or employees and their Union, and relevant supervisors and/or management. 26.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the Fair Work Commission. 26.5 Fair Work Commission may deal with the dispute in 2 stages: (a) Fair Work Commission will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and (b) if Fair Work Commission is unable to resolve the dispute at the first stage, Fair Work Commission may then: (i) arbitrate the dispute; and (ii) make a determination that is binding on the parties. Note If Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act. A decision that Fair Work Commission makes when arbitrating a dispute is a decision for the purpose of Div 3 of Part 5.1 of the Act. Therefore, an appeal may be made against the decision. 26.6 While the parties are trying to resolve the dispute using the procedures in this term: (a) an employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and (b) an employee must comply with a direction given by the employer to perform other available work at the same workplace, or at another workplace, unless: (i) the work is not safe; or (ii) applicable occupational health and safety legislation would not permit the work to be performed; or (iii) the work is not appropriate for the employee to perform; or (iv) there are other reasonable grounds for the employee to refuse to comply with the direction. 26.7 The parties to the dispute agree to be bound by a decision made by Fair Work Commission in accordance with this term.

DISPUTE AND GRIEVANCE RESOLUTION PROCEDURE. 26.1 If 22.1 This clause sets out procedures to settle a dispute if the dispute relates to: (ai) a A matter arising under the agreement; or (bii) the employment relationship, or (c) the The National Employment Standards; this term sets out procedures 22.2 An employee who is a party to settle the dispute. 26.2 any person covered by this Agreement dispute may appoint a representative of their choice (including a union representative) for the purposes of the procedures in this term. 26.3 22.3 In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee or employees concerned and their Unionin the first instance the relevant supervisor, and relevant supervisors and/or managementor where the matter remains unresolved a more senior manager nominated by the employer. 26.4 22.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the Fair Work CommissionAustralia. 26.5 22.5 Fair Work Commission Australia may deal with the dispute in 2 stages: (ai) Fair Work Commission Australia will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and (bii) if If Fair Work Commission Australia is unable to resolve the dispute at the first stage, Fair Work Commission Australia may then: (i) : • arbitrate the dispute; and (ii) and • make a determination that is binding on the parties. Note parties Note: If Fair Work Commission Australia arbitrates the dispute, it may also use the powers that are available to it under the Act. A decision that Fair Work Commission Australia makes when arbitrating a dispute is a decision for the purpose of Div Division 3 of Part 5.1 of the Act. Therefore, an appeal may be made against the decision. 26.6 22.6 While the parties are trying to resolve the dispute using the procedures in this term: (ai) an employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and (bii) an employee must comply with a direction given by the employer to perform other available work at the same workplace, or at another workplace, unless: (i) : • the work is not safe; or (ii) or • applicable occupational health and safety legislation would not permit the work to be performed; or (iii) or • the work is not appropriate for the employee to perform; or (iv) or • there are other reasonable grounds for the employee to refuse to comply with the direction. 26.7 22.7 The parties to the dispute agree to be bound by a decision made by Fair Work Commission Australia in accordance with this term.